H1B Stamp with Old Approval


Recommended Posts

I'm planning to take a two year break and move back to India, and plan to re-enter US with the current employer later. My current H1B visa expired but the new H1B approval is valid and will remain valid for close to 3 years (renewed beyond 6-years based on i-140). If I plan to get H1B stamping after two years, close to my time of re-entry, can there be an issue in getting the visa stamp (assuming same job/location/company etc.)? Or is it better to get H1B stamped now (a short travel sometime before my moving back) if it can help me re-enter later?

Thanks in advance.

Link to comment
  • 2 weeks later...

Thanks for the response!

I have GC application with priority date June 2010 in EB2. I read H1B may not be renewed/issued once final action date is current. Is this true? I checked with two attorneys and got conflicting opinions. One said H1B would be renewed for 1-year instead of 3-years, and the other said H1B it would not be issued/renewed when final action is current.

I know I'm not seeking legal opinion here but I would appreciate any inputs! I could go for consular processing when my priority date is current if my old employeer is willing, but I'm trying to see if I can come into US for AOS with a different employer on H1B.

Thanks in advance.

Edited by snrn
Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.